Speaker Boehner gets Congress approval to sue President Obama

For the first time in American history, a chamber of Congress has authorized its leader to sue the President of the United States.

In a 225-201 vote, the
House of Representatives backed Speaker John Boehner (R-Ohio) in
his decision to file a lawsuit against President Obama over his
handling of the Affordable Care Act. Boehner and other
Republicans allege that Obama has flouted his constitutional
authority by unilaterally extending deadlines in the law,
particularly those related to the employer mandate
penalties.

As RT noted previously, the president delayed the
mandate – which would penalize employers who chose not to offer
health insurance to their workers – for one year back in July
2013. When it was supposed to take effect this year, it was again
pushed back into 2015. If filed, the lawsuit would attempt to
make Obama implement the ACA exactly on the timetable that was
originally passed by Congress – despite Republican attempts to
repeal the legislation in its entirety.

All but five Republicans voted in favor of suing the president,
while all Democrats voted against the proposal. Speaking on the
floor of the House before the vote took place, Boehner dismissed
allegations that the lawsuit is yet another round of political
gamesmanship between the two parties.

"This isn't about Republicans and Democrats. It's about defending
the Constitution that we swore an oath to uphold," Boehner said,
according to Talking Points Memo. "Are you willing to let
any president choose what laws to execute and what laws to
change? Are you willing to let anyone tear apart what our
founders have built?"

Other Republicans also framed the vote in terms of Congress’
constitutional responsibility.

"If there were a Republican president doing the same thing, I
would feel just as strongly. This is about the Constitution,"
said Rep. Virginia Foxx (R-N.C.) to the Huffington Post. "For too long, this body,
under the leadership of both Democrats and Republicans, has ceded
parts of our constitutional authority to the executive branch."

Immediately after the vote, White House advisor Dan Pfeiffer
criticized the House. “Instead of doing their
job,” he told CBS News’ Mark Knoller, “they are suing the
President for doing his."

"He is not going to back away from his efforts to use his
authority to solve problems & help American families," says
WH official of POTUS.

Before the vote, Obama himself took on Republicans for choosing
to go after him personally instead of focusing on issues
pertaining to the economy or the crisis at the country’s border
with Mexico.

"Stop being mad all the time. Stop just hatin’ all the time," he
said during a speech in Missour, as quoted by Reuters. "There’s a bunch of stuff that needs
to get done … Unfortunately, I think the main vote ... that
they’ve scheduled for today is whether or not they decide to sue
me for doing my job."

House Minority Leader Nancy Pelosi (D-Calif.) also slammed the
move, arguing it’s a distraction that could also be seized upon
as a step towards impeachment.

"Republicans are putting the special interests and the howls of
impeachment-hungry extremists before the needs of the nation,"
Pelosi said to the Post. "The lawsuit is only the latest proof of
House Republicans' contempt and disregard for the priorities of
the American people."

Although this is the first time a chamber of Congress has
endorsed suing a president, individual members have sued the
Commander in Chief before. George W. Bush faced legal action over
his budget in 2006, while Sen. Ron Johnson (R-Wis.) sued Obama
earlier this year over the ACA’s consequences for his staff.

Both lawsuits failed to gain traction in the courts, which tossed
them out for lack of standing. If Boehner decides to file his
lawsuit, it will face a similar challenge. The speaker would have
to prove that the House has suffered from material injury –
something that has never been granted in previous presidential
lawsuits. If successful, Republicans would also have to prove
their allegations can stand up to scrutiny under the law.